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(영문) 대구지방법원 2016.06.30 2015노3001
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal (misunderstanding of legal principles) and the purpose of the instant notice and the degree of infringement of the victim’s reputation, the Defendant’s timely distribution of the above notice cannot be deemed as an act pertaining to the public interest.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case on the ground that the act of the defendant preparing and distributing the notice of this case constitutes grounds for excluding illegality under Article 310 of the Criminal Act. In so doing, the court below erred by misapprehending the legal principles,

2. The judgment below pointed out that the part concerning D, among the contents stated in the "the "the notice for the participation in the regular demonstration" of this case, is generally consistent with the objective facts, and that the statement is about the lawsuit and its progress among the members of the clan. The defendant pointed out that the illegality of the lawsuit brought by M, etc. as the general affairs of the clan, the illegality of the lawsuit brought by M, etc., and the public opinion among the members of the clan, were recorded and distributed in the motive to attract public opinion regarding the disposal of the clan properties, and the result of the lawsuit against M, D, which is indicated in the above notice, can be seen as affecting the social evaluation of M and D. However, it can be viewed that the result of criminal litigation related to the disposal of the clan properties and the representative affairs of the clan members, the process of litigation related to the forgery of documents in the name of the members of the clan members, and the unauthorized relocation of the graves of the clans without permission is objectively related to the public interest of the members of the clan, and that the defendant's distribution of the above notice or its extent may be restricted after its distribution.

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